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CR.MA/15373/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 15373 of 2011
=========================================================
DARJARAM
@ UMARAM UKARAM CHAUDHARI - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
HIMANSU M PADHYA for
Applicant(s) : 1,
MR KL PANDYA, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/11/2011
ORAL
ORDER
Rule.
Learned APP waives service of Rule on behalf of the respondent –
State. The applicant has filed this application for regular bail,
under Section 439 of the Code of Criminal Procedure, in connection
with the offence being CR No. I – 227 of 2011 registered with
Palanpur City Police Station, for the offence u/ss. 392, 452, 511,
114 of I.P. Code and Section 25(2) of the Arms Act.
Heard
learned Advocate for the applicant and learned APP for the
respondent. Learned Advocate, appearing for the applicant has
contended that the applicant is falsely implicated in the alleged
offence. He has contended that even there is no recovery of muddamal
from the applicant. He has contended that, no doubt, the applicant
belongs to Rajasthan, but, he will be readily available during the
trial and now the charge-sheet is also filed. Therefore, looking
to the facts of the case the applicant may be released on bail by
imposing suitable conditions. Learned APP has vehemently opposed
this application.
Having
heard the learned Advocate for the parties and looking to the facts
of the case and the fact that now the charge-sheet is filed and,
therefore, without entering into the merits of the case, I am
inclined to grant this application. Both the parties do not press
for reasoned order.
Considering
the above, this Application is allowed. The applicant is ordered to
be released on bail in connection with CR No. I – 237 of 2011
registered with Palanpur City Police Station, for the offence
alleged against him in this application on executing a Bond of
Rs.10,000/- (Rupees ten thousand only) with one solvent surety of
the like amount to the satisfaction of the trial Court and subject
to the conditions that he shall-
a) not
take undue advantage of their liberty or abuse their liberty;
b) not
to try to tamper or pressurize the prosecution witnesses or
complainant in any manner;
c) maintain
law and order and should cooperate the Investigating Officers;
d) not
act in a manner injurious to the interest of the prosecution;
e) not
leave the State of Gujarat without the prior permission of the
concerned Sessions Judge.
f) furnish
the address of their residence to the I.O. and also to the Court at
the time of execution of the bond and shall not change the residence
without prior permission of this Court;
g) shall
mark his presence before the Investigating Officer on 15th
of every English Calender month between 11.00 a.m. To 2.00 p.m., till
the trial against him is completed;
h) surrender
his passport, if any, to the lower Court within a week.
5. If
breach of any of the above conditions is committed, the concerned
Sessions Judge will be free to issue warrant or take appropriate
action in the matter.
6. Bail
before the lower Court having jurisdiction to try the case. It would
be open to the trial Court concerned to give time to furnish the
solvency certificate if prayed for.
7. Rule
is made absolute. Direct service is permitted.
(Z.K.SAIYED,J.)
sas
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